Seanad debates

Wednesday, 29 June 2016

Misuse of Drugs (Amendment) Bill 2016: Committee Stage

 

10:30 am

Photo of Maire DevineMaire Devine (Sinn Fein) | Oireachtas source

I thank the Minister of State for another visit to the House. A previous Senator used the word "alienation". I think I have used that word previously in discussing the Misuse of Drugs (Amendment) Bill. Swathes of communities and swathes of young people have been alienated because of drug misuse, drug abuse and drug addiction.

The global war on drugs, which has continued for more than 50 years, has failed. We are playing catch-up all the time and running around in circles while the big drug barons seem to be laughing from their lofty heights. The policies we have tried have failed miserably. There are too many people incarcerated for behaviours connected to addiction and drug possession. Unfortunately, this has not reduced the population addicted to drugs; instead, it is increasing.

The funds spent on imprisoning a person or dragging him or her through a policing or court process should be given to rehabilitation and treatment services. Realistically, these people need support. This is a waste of time, resources and energy. We must bring forward public health measures to increase harm reduction processes. Given that the Government has committed to approaching drugs as a public health issue, I urge it to accept these amendments or bring forward its own amendments. There are options for the Government. It could introduce statutory threshold quantities if it wants to amend it so that only appropriate persons are targeted by this legislation; a maximum use quantity threshold could attempt to distinguish between trafficking or sale offences and possession. We may examine the introduction of an amendment on Report Stage. Alternatively, the Government could introduce a provision to the effect that a personal possession offence be subject to an appropriate administrative penalty or non-prosecution.

Portugal, which appears to be a leading light within Europe, has made huge strides in its approach in recent years.This panel of experts listens to the arrested person to understand his or her situation and tries to halt what would otherwise be the ongoing alienation and criminalisation of the individual. There is a huge difference between those manufacturing and importing these drugs and an addict who has been legally prescribed them and is selling them on to fund other drugs or an addict who is a problem user of one of the drugs listed in the Schedule to the Bill. This is also something we could examine.

Other jurisdictions allow police and prosecutors to decide whether individuals would benefit from a treatment programme rather than deal with them through a court process. We need to put this approach at the heart of what we try to do. The difficulty in doing that in Ireland, however, is the appalling level of treatment services available for those with drug problems. Coming from a medical background, I know that there are only four detox beds in the State for drug addicts who are under 18 years of age. St. James's Hospital in Dublin South-Central has just one bed and its availability is extremely limited. This is the biggest hospital in the country and is located slap bang in the middle of areas ravaged by drugs, gangs and barons dealing in drugs and profiting from them. These areas are seeing an increased incidence of addiction and, unfortunately, a lot of fatalities, including fatalities in recent months. It is outrageous that there are only four of these beds in the country. While we may go down the same route as Portugal and applaud what it does, we need to ensure we have the infrastructure and services in place to care for, nurture and provide a new future to those who have been caught up in addiction.

Many of those in the throes of addiction are self-medicating following a lifetime of trauma, illness and poverty. Throwing them into the penal system will not address their issues and will not put a stop to the organised crime that is endemic in Ireland. I repeat that it is the lack of investment in these areas, groups and communities that have been alienated for years that has caused this result. We reap what we sow. In this case, we did not sow so we will not reap any positivity. The use of the penal system is a lazy and dangerous policy and it does not work. On that basis, I urge the Government to accept the amendments or to introduce its own. Sinn Féin's Better For Health policy outlines in detail the approach we believe should be adopted in regard to the treatment of the misuse of drugs. It should be treated as a public health issue and not a criminal one. There should be a holistic, health-based approach to addiction.

We note the comments of the Commissioner, Nóirín O'Sullivan, who has welcomed the debate on decriminalisation and given a commitment to contribute to it further. We also note the comments of P.J. Stone of the Garda Representative Association. He has called for a halt to the criminalisation of addicts and for addicts to be dealt with in a way that gives them a better chance. We request that Garda resources currently used to criminalise addicts be redirected to fighting the major drug barons and criminals who are destroying communities and families throughout the State. We reaffirm our request that from here on in drug addiction be addressed as a public health issue rather than a criminal one. This approach should be suitably and effectively resourced. This would lead addicts onto a new chapter in their lives and would support them live those lives.

Sinn Féin acknowledges the intent of both amendments and agrees that most drug users are the victims of addiction. Sinn Féin policy clearly states that addiction is a public health issue. It is important that we try to avoid criminalising people for possession of drugs for their own use. We support both amendments. I wish also to note that I reserve the right to introduce further amendments to the Bill on Report Stage.

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